Civil Procedure | Documentary Evidence

Order XIII Rule 5 CPC - Endorsements on Copies of Admitted Entries in Books, Accounts and Records

Order XIII Rule 5 of the Code of Civil Procedure, 1908 provides a procedure for substituting a verified copy of an admitted entry in a book, account or record, so that the original book or record can be returned to the person producing it.

Key point: The rule concerns entries already admitted in evidence. It does not automatically make an otherwise inadmissible entry admissible, nor does it dispense with applicable rules of proof.

Text of Order XIII Rule 5 CPC

(1) Save in so far as is otherwise provided by the Bankers' Books Evidence Act, 1891 (18 of 1891), where a document admitted in evidence in the suit is an entry in a letter-book or a shop-book or other account in current use, the party on whose behalf the book or account is produced may furnish a copy of the entry.

(2) Where such a document is an entry in a public record produced from a public office or by a public officer, or an entry in a book or account belonging to a person other than a party on whose behalf the book or account is produced, the Court may require a copy of the entry to be furnished:

(a) where the record, book or account is produced on behalf of a party, then by that party; or

(b) where the record, book or account is produced in obedience to an order of the Court acting of its own motion, then by either or any party.

(3) Where a copy of an entry is furnished under the foregoing provisions of this rule, the Court shall, after causing the copy to be examined, compared and certified in manner mentioned in rule 17 of Order VII, mark the entry and cause the book, account or record in which it occurs to be returned to the person producing it.

Source: Code of Civil Procedure, 1908 - official India Code text. State and High Court amendments, where applicable, should also be checked.

Meaning and purpose of Rule 5

The rule balances two needs: retaining reliable documentary evidence on the court record and avoiding unnecessary retention of working account books, public registers and third-party records. When the specified procedure is followed, a certified and endorsed copy can stand in the suit record in place of the original entry, while the original book or record is returned.

Sub-rule (1): Current-use business books and accounts

If an admitted entry appears in a letter-book, shop-book or other account in current use, the party producing the book may supply a copy of the relevant entry. This is expressly subject to the special provisions of the Bankers' Books Evidence Act, 1891.

Sub-rule (2): Public records and third-party accounts

For entries in public records or books belonging to persons other than the producing party, the court may require a copy. The party on whose behalf the record is produced ordinarily furnishes it; where the court called for the record on its own motion, the court may direct either or any party to supply the copy.

Sub-rule (3): Verification, marking and return

The court must arrange for the copy to be examined, compared and certified in the manner contemplated by Order VII Rule 17, mark the relevant entry and have the original book, account or record returned to its producer. This safeguards the accuracy of the copy retained in the case file.

Order VII Rule 17 CPC: deals with production of a shop-book or account and the comparison, certification and return procedure referred to in Order XIII Rule 5(3).
Order XIII Rule 4 CPC: requires an endorsement on documents admitted in evidence; where a copy replaces an entry under Rule 5, the endorsement is made on the copy and signed or initialled by the Judge.
Order XIII Rule 7 CPC: provides that admitted documents, including substituted copies under Rule 5, form part of the suit record.
Bankers' Books Evidence Act, 1891: establishes special rules for certified copies of entries in bankers' books. These must be considered before applying the general procedure to bank records.
Bharatiya Sakshya Adhiniyam, 2023: generally governs evidence in judicial proceedings from 1 July 2024, subject to its transitional provisions. Questions about proof, admissibility and electronic records must be considered separately from the procedural endorsement rule.

Practical example

In a civil suit concerning unpaid invoices, a business produces its regularly used ledger, and a relevant ledger entry is admitted in evidence. Under Rule 5, the business may furnish a copy of that entry. Following comparison and certification under the prescribed procedure, the court can retain the endorsed copy in the suit record and return the ledger.

Frequently asked questions

Does Order XIII Rule 5 apply to every photocopy?

No. It addresses copies of admitted entries in the specified books, accounts and records. General rules on admissibility and proof still apply.

Who furnishes the copy of a public record?

Where produced on behalf of a party, that party may be required to furnish it. Where the court summoned it on its own motion, the court may require either or any party to furnish the copy.

Can the original account book be returned?

Yes. Rule 5(3) provides for return after the required examination, comparison, certification and marking of the entry.

Official legislation

Legal information updated 12 October 2026. Local amendments, court rules and case-specific orders may affect procedure.